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Denver Legal Blog

Don't ignore the potential harm of a felony DUI

The first Coloradan law regarding felony DUIs wasn't created until 2015. The first felony penalty was created with the law, and over 1,000 arrests have been made since.

The new law came with harsh penalties including the risk of going to prison for a DUI if the person has three or more DUI convictions on their record. Before the change in the law, DUIs were always treated as misdemeanors within the state, and the maximum jail term was a year.

This is what happens during a divorce trial

Not all divorces have to go to trial, but if your divorce is volatile and you can't agree, it might be in the best interests of the case to end up in court. There are times when two people can't agree outside court, won't go to mediation and refuse arbitration. If all negotiating options fail, then the only option is to allow a court to take on the case and for a judge to make a decision on the divorce.

In the majority of cases, divorces are resolved with settlements. However, if your case can't be settled, then a trial might be the only choice. Your attorney will prepare for the trial, building a case for the things you want to get out of your marriage, for custody-related matters and other factors in your divorce.

What Colorado residents should know about federal marijuana laws

After years of enjoying liberal policies toward recreational and medical marijuana use in Colorado, it's hard to remember that possession of marijuana remains illegal under U.S. federal law. In fact, federal drug laws classify marijuana as a Schedule I drug. This means that the federal government views pot to be just as dangerous and addictive as heroin, and punishes those convicted of possessing and trafficking it just as severely.

Colorado law will not protect you from being convicted of a federal marijuana crime

When does a drug violation become a federal offense?

The vast majority of drug cases will fall under the jurisdiction of the state court system in the state where the crime allegedly occurred. However, there are numerous scenarios in which a drug offense becomes a federal violation and must be litigated and defended in federal court.

The most important federal drug law that governs offenses related to controlled substances is the Controlled Substances Act (CSA). Richard Nixon signed this act in the 1970s, and thus, the "War on Drugs" was more officially codified into law.

Paying taxes is vital to protecting your freedoms

One of the things that can get you into trouble with the law is not paying your taxes. If you hide your income or fail to file the correct taxes, you could face heavy fines or penalties.

The Internal Revenue Service doesn't want every person who fails to file to end up in jail. It realizes that people make mistakes and that there are reasons why people don't always pay on time. For that reason, the IRS will listen to your reasons for not filing or paying taxes before determining if it wants to negotiate through an installment plan, reduce your tax liability or criminally prosecute you.

How are drug courts changing lives?

Addiction is a problem that leads to many people struggling with alcohol abuse. In society, this is often looked down upon, but things are changing. People who struggle with addiction need support, not time in prison.

In today's judicial world, drug courts make it possible to trade in time in prison for time in a rehabilitation clinic. Nonviolent offenders get a chance to reduce their penalties by getting the help they need.

Working toward an uncontested divorce is may be best for children

Divorce can have a significantly damaging impact on children. In fact, it is one of the recognized adverse childhood experiences that can have an impact on mental and physical health for the rest of a child's life.

Obviously, as a loving parent, you want to minimize the mental and physical impact of divorce on your children. It will take some effort from you and your spouse to do so. Thankfully, there are options available that can minimize the amount of stress and strain your children experience during divorce.

Failing to file a tax return could result in tax evasion charges

There is a popular saying that the only two certainties in life are death and taxes. Some people would love to avoid their obligation when it comes to paying taxes to the federal government. There are many tactics that people employ to minimize their responsibility to pay taxes.

From deferred income to creating trusts, there are myriad potential tax schemes that can help people prevent paying more than they absolutely must. Not all attempts at decreasing tax liability are a smart decision, however.

Racketeering: A serious offense that requires a defense

Racketeering, or when organized groups run illegal businesses, is a problem throughout the United States. These businesses, known as rackets, are essentially an organized crime ring. Public and private institutions are harmed by the rackets, because the rackets tend to embezzle funds through legitimate organizations.

This is such a serious offense that the federal and state governments have specific laws to prosecute those who participate in racketeering. If you're accused, it's vital that you take steps to protect yourself right away. It's possible to face false accusations, but don't take it for granted that you'll walk away without penalties even if you are innocent. Knowledge about the laws can help you be better prepared for what could happen next.

Understanding a defect versus an error in construction

Before you seek out a lawsuit for construction defects, it's a good idea to look into whether the defect was naturally occurring or if it's a result of mistakes made by your construction team. Construction defects are a common cause of disputes and lawsuits, and this comes down to the fact that definitions vary between states.

Typically, it's understood that defects are defects in the design, workmanship or materials used in a project that then results in the failure of part or all of that structure or project.

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